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202305432 In the event Trustor fails to discharge or pay promptly such liens, encumbrances or charges, such failure shall be considered an Event of Default and Beneficiary shall be entitled to all the remedies provided under this Deed of Trust or available at law or equity. If Trustor shall fail to discharge any such lien, encumbrance or charge, then, in addition to any other right or remedy of Beneficiary, Beneficiary may, but shall not be obligated to, discharge the same, either by paying the amount claimed to be due, or by procuring the discharge of such lien by depositing in court a bond in the amount claimed or otherwise giving security for such claim, or in such manner as is or may be prescribed by law. Any such payment shall accrue interest at the higher of the default rate or base rate as provided in the Note and shall be payable, together with accrued interest, immediately upon written demand. The Trustor will promptly comply with all present and future laws, ordinances, rules and regulations of any governmental authority affecting the Trust Estate or any part thereof. This shall apply to any construction upon the Trust Estate as well as the operation of any business upon the Trust Estate. 7. EMINENT DOMAIN. Should the Trust Estate, or any part thereof or interest therein, be taken or damaged by reason of any taking by right of eminent domain, condemnation proceeding ("Condemnation"), or in any other manner including deed in lieu of Condemnation, or should Trustor receive any notice or other information regarding such proceeding, Trustor shall give prompt written notice thereof to Beneficiary. Beneficiary shall be entitled to all compensation, awards and other payments or relief thereof, and shall be entitled at its option to commence, appear in and prosecute in its own name any such action or proceeding. Beneficiary shall also be entitled to make any compromise or settlement in connection with such taking or damage. All such compensation, awards, damages, rights or action and proceeds awarded to Trustor (the "Proceeds") are hereby assigned to Beneficiary, and Trustor agrees to execute such further assignments of the Proceeds as Beneficiary or Trustee may require. The Proceeds shall, at the option of the Beneficiary, be applied against the costs of restoring the Trust Estate or against the unpaid principal balance of the Note in the inverse order of maturity without any reduction in the amount of periodic principal and interest payments otherwise due under the Note. S. REPRESENTATIONS. Trustor covenants and warrants with Beneficiary, its successors and assigns, that Trustor owns the Trust Estate free from any prior lien or encumbrance (except as expressly designated in a rider hereto, if any), that this Deed of Trust is and will remain a valid and enforceable first lien on the Trust Estate, that Trustor will preserve such title and will forever warrant and defend the same to the Beneficiary and will forever warrant and defend the validity and priority of the lien hereof against the claims of all persons and claimants whomsoever. The foregoing warranties shall survive the exercise of the power of sale as herein conferred, as well as the foreclosure of the Deed of Trust, and shall run with the land. Trustor will make such further assurance or assurances to perfect its title to the Trust Estate as may be reasonably required by Beneficiary_ Trustor hereby relinquishes all right of dower and homestead in and to the Trust Estate. 9. TAX AND INSURANCE ESCROWS. If Beneficiary shall so request, Trustor agrees that there shall be added to each periodic payment required to be made under the Note an amount estimated by Beneficiary to be sufficient to enable Trustor or Beneficiary to pay, at least thirty (30) days before delinquency, all taxes, assessments or other public charges against the Trust Estate, the Note secured by this Deed of Trust, or upon account of the debt or the lien of this Deed of Trust, together with premiums for insurance required to be provided under this Deed of Trust; and no interest shall be payable to Trustor in respect thereof. Upon demand by Beneficiary, Trustor shall deliver to Beneficiary such additional sums of money as are necessary 4